When my husband was 17, he had a child with a girl he was dating. They never married or anything. When this child was born, he and the girl both signed away their parental rights and her parents legally adopted the baby. My husband doesn't pay child support but so far, he's gotten to see his son anytime he wanted.
Both of the grandparents(adopted parents) are getting older and are right sickly. My husband has told me that if anything happens to them that his son will come live with us. He doesn't want the child's mother to have any contact with him. However, I have serious doubts that the grandparents would leave custody of the child to my husband over the child's mother (their daughter).
I guess my real question is: Does my husband have any legal right to a child he's been a father to, but he legally gave up for adoption?
2007-11-17 16:04:31 · 12 answers · asked by devil_in_disguise 1 in Family & Relationships ➔ Marriage & Divorce
That would be up to the courts to decide
2007-11-17 16:08:06 · answer #1 · answered by sego lily 7 · 2⤊ 1⤋
In-family adoptions are sticky affairs.
If both bio-parents signed away custody then legally neither has any rights to custody.
If the adoptive parents have a will, that will will stipulate who would get custody of the minor child. It may be your husband, or some other person of their choosing.
Your husband has no legal rights, but a judge would take into consideration the RELATIONSHIP he has with the boy should the time come the child needs a new home.
If the boy is over age ten, a family court judge would take his wishes into consideration when deciding who would have custody. The judge would also evaluate YOUR home life, and the bio-mom's life as well should she petition the court for custody.
But lets all pray that the adoptive parents live till the boy graduates from high school so his life won't be tragicaly upset.
2007-11-17 16:13:35 · answer #2 · answered by WhatAmI? 7 · 0⤊ 0⤋
No, in the current situation he does not have any legal rights. Would the adoptive parents be willing to have a will that left him as their chosen legal guardian? It would be worth asking them about this... without bringing up their daughter. Avoiding court is the best way to go, but your husband could try to get custody that way if he needed to. It could be difficult and it depends on how much time he has spent with the child as well as whether or not there are other people interested in raising the child.
2007-11-17 19:14:13 · answer #3 · answered by Kim 3 · 0⤊ 0⤋
Sorry, but you husband has NO legal rights. He terminated his parental rights when he signed the papers consenting to giving the child up. For what it's worth, the biological mother has no rights to the child, either, so your husband shouldn't worry about that. If your husband really wants this child to come and live with you guys should anything happen to the elderly adoptive parents, he should consider talking to them about making him the child's legal guardian. This will take an attorney, but it might be worth the cost in the end.
2007-11-17 16:10:02 · answer #4 · answered by Vicky L 5 · 1⤊ 1⤋
No he has none. He signed away all of his rights. Being their daughter is their heir custody of the child will more than likely fall to her. There is nothing your husband can do about it. The child's mother's parents are his LEGAL parents and they have the right to decide whom gets the child when they pass. All your husband is bascially is for want of a better term...sperm donor
2007-11-17 19:05:55 · answer #5 · answered by Anonymous · 0⤊ 0⤋
When your husband signed the adoption papers, he gave up all his parental rights over his child to the adopting parents. Before the eyes of the law, he is a complete stranger to this child.
2007-11-17 16:13:50 · answer #6 · answered by Belen 5 · 0⤊ 1⤋
They both legally gave up thier parental rights. If the adpoted parents can no longer care for the child then he would have to hire an attorney to help him try and regain custody.
2007-11-17 18:02:26 · answer #7 · answered by deerlady2000 3 · 0⤊ 0⤋
if they both signed papers giving up the baby, he has just as much of a right as she does, it doesn't matter that she carried the baby, he is a parent too
2007-11-17 16:07:20 · answer #8 · answered by Anonymous · 1⤊ 0⤋
He has as much right to them as the mother, so it may cause a battle. concidering the grandparents are the legal gaurdians they can give them to whom they please Godparents perhaps.
2007-11-17 16:09:13 · answer #9 · answered by howuluddat 3 · 1⤊ 0⤋
I don't think so. He gave up his rights. But, I'm no lawyer. I would consult one. It's too important to just guess.
2007-11-17 16:09:08 · answer #10 · answered by Karyl 3 · 0⤊ 1⤋